u 


<*^ 


THE  ELECTION  LAW 


OF 


NORTH   CAROLINA, 


AS  AMENDED  BY  ACTS  OF  ASSEMBLY  OF  1885, 1887  AND  1889. 


RALEIGH,  N.  C.  : 

JosEPHUs  Daniels,  State  Printer  and  Binder, 

Presses  of  Edwaids  ife  Broughton. 

1890. 


"'^ 


\ 


Cp3xV 
0 


THE    ELECTION    LAV^, 


Section  2668.  On  the  Tuesday  next    after   the    first  state,  legislative 

and   county   offl- 

Monday  in  November,  in  the  year  of  our  Lord  one  thou-  cers. 
sand  eight  hundred  and  eighty-four,  and  every  four  years 
thereafter,  an  election  shall  be  held  in  the  several  elec- 
tion precincts  in  each  county  for  the  following  officers  : 
First,  Governor;  second,  Lieutenant-Governor;  third, 
Secretary  of  State ;  fourth,  Auditor ;  fifth,  Treasurer  ; 
sixth,  Superintendent  of  Public  Instruction;  seventh, 
Attorney-General.  And  on  said  Tuesday  next  after  the 
first  Monday  in  November  in  the  year  aforesaid,  and 
every  two  years  thereafter,  an  election  shall  be  held  for 
members  of  Congress  in  the  several  districts  ;  members 
of  the  General  Assembly  for  their  respective  counties  and 
districts  ;  a  Register  of  Deeds,  County  Surveyor,  Coroner 
and  Sheriff  for  their  respective  counties ;  and  in  such 
counties  as  have  one,  a  County  Treasurer. 

Sec.  2669.  On  the  Tuesday  next  after  the  first  Monday  oierk  of  the 

T.T  1-1  f  T         1  1  ■  ,     •    1      Superior  Court. 

in  November,  in  the  year  of  our  Lord  one  thousand  eight  I879,  c  152, s.  i. 
hundred  and  eighty-six,  and  on  said  day  every  four  years 
thereafter,  an  election  shall  be  held  in  each  county  for 
the  office  of  Clerk  of  the  Superior  Court. 

Sec.  2670.  On  the  Tuesday  next  after  the  first  Monday  Township  Con- 
in  November,  in  the  year  of  our  Lord  one  thousand  eight  i879,  c  151,  s.  1. 
hundred  and  eighty-four,   and   on    said    day    every   two 
years  thereafter,  an  election  shall  be  held  in  each  town- 
ship for  the  office  of  Constable. 

Sec.  2671.  The  board  of  commissioners  of  each  county  The  board  of  com- 
shall  have  power  to  establish,  alter,  discontinue  or  create  each  county 

,  1  ^     ,         .         .        ,      .  .  ,       authorized  to 

such  separate  places  01  election  in  their  respective  counties  establish  polling 

places. 

as  they  may  deem  expedient,  giving  thirty  days'  notice  i87i-'2,c.i85,s.  2. 

■'  ■'  ^  '  i^  fc>  J  J  1876-7,  c.  275,  s.  4. 

thereof  by  advertisement  in  some  public  journal,  if  there  i879,  c.  152,  s.  1. 
be  ^ne  published  in  the  county,  or  in  lieu  thereof  in  three 

I         ^ 


places  in  such  county,  and  at  the  court-house  thereof; 

but  there  shall  be  at  least  one  polling   place    in    every 

township,  as  nearly  central  as  possible,  and  there  shall  be 

a  polling  place  open   in  each  ward  of  a  city  numbering 

over  three  thousand  inhabitants. 

Itatfshan  fur-         ^^^'  ^^7^'  ^he  Secretary  of  State  shall  provide  for  and 

registratkm^        forward  to  the  boards  of  commissioners  of  counties,  on 

isre^f; c.  275  s.  3.  their   requisition,  suitable   registration  books,  whenever 

needed,  for  each  election  precinct. 
Books  to  be  pro-      Sec.  2673.  If  the  boards  of  county  commissioners  do 

videdbythe  ,  ,  r  •  •  1         1 

commissioners     not  receive  a  sumcient  number  01  registration  books,  as 

in  certain  cases.  ^ 

mt'?' ^' 27^' ^* 4'  Provided  in  the  preceding  section,  they  are  directed  to 
provide  the  same  for  their  respective  counties  at  the  ex- 
pense of  the  State. 

The  board  of  Sec.  2674.  The  boards  of  commissioners  of  the  several 

commissioners  '  ^ 

shall  select  reg-    counties  shall  select,  on  or  before  the  first  Monday  of 

istrars;  candi-  ,  '  -^ 

18^6- 7^^?^ 274^8^5^'  September  preceding  each  election,  one  or  more  persons 
1879,  c.  152,  s.  1.      £qj.  each  election  precinct,  who  shall  act  as  registrars  of 
voters  for  such  precinct.     Said  board  shall  make  publica- 
tion of  the  names  of  the  persons  so  elected,  at  the  court- 
house  door,  immediately  after   such    appointment,  and 
shall  cause  a  notice  to  be  served  upon  said  persons  by  the 
sheriff.     If  any  registrar  shall  die  or  neglect  to  perform 
his  duties,  the  justices  of  the  peace  for  the  township,  or  a 
,  majority   of  said  justices,  or  the  Clerk  of  the  Superior 
Court  of  the  county,  in  case  said  justices  or  a  majority  of 
them  fail  to  meet,  may  appoint  another  in  his  place.  And 
no  person  who  is  a  candidate  for  any  office  shall  be  a 
registrar  or  judge  or  inspector  of  an  election. 
Duty  of  regis-  Sec.  2675.  Registrars  shall  be  furnished  with  a  regis- 

1876-7, c.  275,  s.  6.  tration  book,  and  it  shall  be  their  duty  to  revise  the  ex- 
isting registration  books  of  their  precinct  or  township  in 
such  manner  that  said  books  shall  show  an  accurate  list 
of  electors  previously  registered  in  such  precinct  or  town- 
ship, and  still  residing  therein,  without  requiring  such 
electors  to  be  registered  anew  ;  and  such  registrars  shall 
also,  between  the  hours  of  sunrise  and  sunset  on  each  day 


5 

(Sundays  excepted),  for  thirty  days  preceding  the  day 
for  closing  the  registration  books  as  hereinafter  provided, 
keep  open  said  books  for  the  registration  of  any  electors 
residing  in  such  precinct  or  township,  and  entitled  to 
registration,  whose  names  have  never  before  been  regis- 
tered in  such  precinct  or  township,  or  do  not  appear  in  * 
the  revised  list.  But  the  board  of  commissioners  for 
each  county  may,  upon  giving  thirty  days'  notice  in  each 
township,  if  they  shall  think  proper,  direct  that  there 
shall  be  an  entirely  new  registration  of  voters  before 
any  election,  instead  of  the  revision  of  the  registration 
lists  as  above  provided,  that  said  books  shall  be  closed 
for  registration  on  the  second  Saturday  before  each  elec- 
tion. 

Sec.  2676.  No  elector  shall  be  entitled  to  ree^ister  or  Elector  to  vote 

'  *=*  m  nis  own  pre- 

vote  in  any  other  precinct  or  township  than  the  one  in  ^}^\-^     -^gg 

which  he  is  an  actual  and  bona  fide  resident  on   tHe  day  ^8^^-"^'°- 275, s. 7. 

of    election,  and  no  certificates  of  registration  shall    be 

given,  except  as  hereinafter  provided.     No  registration 

shall  be  valid  unless  it  specifies  as  near  as  may  be,  the 

age,  occupation,  place  of  birth,  and  place  of  residence  of 

the    elector,  as  well    as    the    township    or   county    from 

whence    the    elector    has    removed — in    the    event    of   a 

removal,  and  the  full  name  by  which  the  voter  is  known. 

Sec.  2677.   It  shall  be  the  duty  of  the  registrars  and  Registration 

'  '  ^  o  books  open  to 

judges  of  election  to  attend  at  the  polling  place  of  their  j^^8Pj^Jf|jn;^right 
township  or  precinct  with  the  registration  books  on  the  J§J:!^' ^;  ^|'J;  |; 
second  Saturday  preceding  the  election,  from  the  hour 
of  nine  o'clock  A.  M.  till  the  hour  of  five  o'clock  P.  M., 
when  and  where  the  said  books  shall  be  open  to  the  in- 
spection of  the  electors  of  the  precinct  or  township,  and 
any  of  said  electors  shall  be  allowed  to  object  to  the  name 
of  any  person  appearing  on  said  books.  In  case  of  any 
such  objection,  the  registrar  shall  enter  upon  his*books, 
opposite  to  the  name  of  the  person  so  objected  to,  the 
word  "challenged,"  and  shall  appoint  a  time  and  place, 
on  or  before  the  election  day,  when  he,  together  with  said 


judges  of  election,  shall  hear  and  decide  said  objection, 
giving  due  notice  to  the  voter  so  objected  to  :  Provided, 
that  nothing  in  this  section  shall  prohibit  the  right  of  any 
elector  to  challenge  or  object  to  the  name  of  any  person 
registered  or  offering  to  register  at  any  time  other  than 
that  above  specified.  If  any  person  challenged  or  objected 
to  shall  be  found  not  duly  qualified,  as  provided  in  this 
chapter,  the  registrar  shall  erase  his  name  from  the  books. 
tion^th?ir^duties.  ^^^-  '^^7'^'  The  board  of  commissioners  for  each  county, 
isrfc'?',  c.  375',  1 9!  ^^  ^^  before  the  first  Monday  of  the  month  next  preced- 
1879,  c.  152, s.  1.  jj^g  ^.j^g  month  in  which  each  election  is  held,  shall  ap- 
point four  judges  or  inspectors  of  election,  two  of  whom 
shall  be  of  a  different  political  party,  where  possible,  from 
the  registrars,  at  each  place  of  holding  election  in  their 
respective  counties.  The  said  judges  of  election  shall 
attend  at  the  places  for  which  they  are  severally  appointed 
on  the  day  of  election,  and  they,  together  with  the  regis- 
trars for  such  precinct  or  township,  who  shall  attend  with 
the  registration  books,  after  being  sworn  by  some  justice 
of  the  peace,  or  other  person  authorized  to  administer 
oaths,  to  conduct  the  election  fairly  and  impartially  ac- 
cording to  the  constitution  and  laws  of  the  State,  shall 
open  the  polls  and  superintend  the  same  until  the  close 
of  the  election.  They  shall  keep  poll  books,  in  which  shall 
be  entered  the  name  of  every  person  who  shall  vote,  and 
at  the  close  of  the  election  the  judges  of  election  shall 
certify  the  same  over  their  proper  signatures,  and  deposit 
them  with  the  register  of  deeds  for  safe  keeping.  And 
said  poll  books  shall,  in  any  trial  for  illegal  or  fraudulent 
voting,  be  received  as  evidence.  The  board  of  commis- 
sioners shall,  immediately  after  the  appointment  of  the 
judges  of  election  as  herein  provided,  furnish  a  list  of 
names  of  such  judges  to  the  sheriff  of  their  county,  who 
shall,  within  ten  days,  serve  notice  of  such  appointment 
upon  the  said  judges;  and  if  any  person  appointed  judge 
of   election  shall    fail    to    attend,   the    registrar    of   such 


townships  shall  appoint  some  discreet  person  to  act  as 
such,  who  shall  be  by  him  sworn  before  acting. 

Sec.  2670.  The  following:  classes  of  persons  shall  not  Persons  who  are 

'  ^  °  ^  not  allowed  to 

be  allowed  to  register  or  vote  in  this  State,  to-wit :  First,  [gf^f^^^  **5J°*fA 
persons  under  twenty-one  years  of  age  ;  second,  idiots 
and  lunatics  ;  third,  persons  who,  upon  conviction  or  con- 
fession in  open  court,  shall  have  been  adjudged  guilty  of 
felony  or  other  crime  infamous  by  the  laws  of  this  State, 
committed  after  first  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy-seven, 
unless  they  shall  have  been  legally  restored  to  the  rights 
of  citizenship. 

Sec.  2680.  Subject  to  the  foregoinp;  exceptions,  everv  Qualification  of 

•'  ,     Jr>        jd  r  .    electors;  resi- 

male  person  born  in  the  United  States,  and  every  male  dence  of  electors; 

^  ^  •'  fraudulent  regis- 

person  who  has    been    naturalized,  twenty-one    years  of  ^^^^|<^^  or  voting 

age,  who  shall  have  resided  in  the  State  twelve  months  JJ^J^^^^^P''^®" 

next  preceding  the  election,  and  ninety  days  in  the  county  1876-7,  c.  270,  s.  11. 

in  which  he  offers  to  vote,  shall  be  a  qualified  elector  in 

the    precinct  or  township  in  which  he    resides  ;  and   all 

electors  shall  register  and  vote  in  the  election  precinct  of 

their  residence.     The  residence  of  a  married  man  shall 

be   where  his  family  resides,  and  that  of  a  single  man 

where  he  boards  and  sleeps;  and  should  any  single  man 

board  in  one  ward  or  precinct  and  sleep  in  another,  then 

his  residence  shall  be  in  the  ward  or  precinct  in  which  he 

sleeps,  and  he  shall  not  register  or  vote  in  any  other  ward 

or  precinct.     But  no  elector  shall  be  allowed  to  register 

in  any  ward  or  precinct  to  which  he  shall  have  removed 

for  the  mere  purpose  of  being  a  voter  therein,  nor  unless 

his  residence  therein  is  actual    and    bona  fide.     And    it 

shall  be  the  duty  of  the  registrar  or  judge  of  election, 

when  requested  by  any  bystander,  to  swear  any  person 

offering  to  register  or  vote,  as  to  his  residence,  and  to 

have    placed    in    writing    opposite    his    name    the    word 

*'sworn";  and    any    person    knowingly   and    fraudulently 

registering  or  voting  at  any  other  place  than  that  of  his 

bona  fide  residence,  shall  be  guilty  of  a  crime  infamous 


8 

by  the  laws  of  this  State,  and  punished  by  a  fine  not 
exceeding  one  thousand  dollars,  or  imprisoned  at  hard 
labor  not  exceeding  two  years,  or  both  in  the  discretion 
of  the  Court. 
Persons  offering       Sec.  268 1.  Every  person  who  shall  present  himself  for 

to  register  must  •'    ^  ^ 

of  electors ^^^^  registration  shall  state  under  oath  how  long  he  has  con- 
1876-7,  c.  275,  s.  12.  tinuously  resided  in  this  State  and  in  the  county  in  which 
he  offers  to  vote ;  whether  he  is  an  alien  or  native  born  ; 
when  he  becomes  twenty-one  years  of  age  ;  whether  mar- 
ried or  single,  and  where  or  with  whom  he  resides.  Upon 
the  request  of  any  elector,  the  registrar  shall  require  the 
applicant  to  prove  his  identity  or  age  and  residence  by 
such  testimony,  under  oath,  as  may  be  satisfactory  to  the 
registrar.  And  if  an  elector  has  previously  been  admitted 
to  registration  in  any  ward,  township  or  precinct  in  the 
county  in  which  he  resides,  he  shall  not  be  allowed  to 
register  again  in  another  ward,  precinct  or  township  in 
the  same  county  until  he  produces  a  certificate  of  the 
registrar  of  the  former  township,  ward  or  precinct,  that 
said  elector  has  removed  from  said  township,  ward  or 
precinct,  and  that  his  name  has  been  erased  from  the 
registration  books  of  the  ward,  township  or  precinct  from 
which  he  has  removed  ;  and  the  identity  of  any  person 
claiming  a  right  to  be  registered  in  any  precinct  of  the 
same  county  by  virtue  of  such  certificate,  with  the'person 
therein  named,  shall  be  proved  by  the  oath  of  the  claim- 
ant, and,  when  required  by  the  registrar,  by  the  oath  of 
at  least  one  other  elector.  Every  person  found  qualified 
shall  take  the  following  oath : 


't> 


"._ ,  do  solemnly  swear  (or  affirm)  that  I  will 

support  the  Constitution  of  the  United  States,  and  the  constitution  of  the 
State  of  North  Carolina;  that  I  have  been  a  resident  of  the  State  of  North 

Carolina  for  twelve  months,  and  of  the' county  of 

for  ninety  days;  that  I  am  a  duly  qualified  elector,  and  that  I  have  not  reg- 
istered for  this  election  in  any  other  precinct,  and  that  I  am  an  actual  and 

bona  fide  resident  of township  (or  precinct).     So  help 

me,  God." 


And  the  registrar  shall  record  the  name,  age,  occupa- 
tion, place  of  birth  and  place  of  residence  of  the  elector, 
and  the  name  of  the  township  or  county  from  whence 
the  elector  has  removed  (in  the  event  of  a  removal),  also 
the  date  of  registration,  in  the  appropriate  column  of  the 
registration  book. 

Sec.  2682.  No  registration  shall  be  allowed  on  the  day  ^fowld^on^h*^ 
of  election  ;  but  if  any  person  shall  give  satisfactory  evi-  ©Kept  In  ce?tam 
dence  to  the  judges  of  the  election  that  he  has  become  of  i87^i®^2,  c  186,  s.  11. 
the  age  of  twenty-one  years  on  the  day  of  election,  or       -  ,  -    o,s.    . 
has  become  twenty-one  years  of  age  after  the  registration 
books  were  closed,  he  shall  be  allowed  to  register  and 
vote  :  Provided,  he  be  found  otherwise  qualified. 

Sec.  2683.  On  the  day  of  election  any  elector  may,  and  j^^lis iSfchaf- 
the  judges  of  election  shall,  challenge  the  vote  of  any  Jly^^fg,  c.  i85,  s.  12. 
person  who  may  be  known  or  suspected  not  to  be  a  duly  ^^'^76-'7. c. 270,  s.  14. 
qualified  voter. 

Sec.  2684.  When  any  person  is  challenged,  the  j^^dges  oam  of  persons 
shall  explain  to  him  the  qualifications  of  an  elector,  and  J^Je^c'tedP^chai^^ 
shall  examine  him  as  to  his    qualifications,    and    if    the  J.Q^,||(J?p^^®\.  ^^ 
person    insists    that    he  is  qualified,  and  shall  prove  his  i8n5f,c!i85?s.°i3; 
identity  with  the  person  in  whose  name  he  offers  to  vote,      '^-''<^-  '^'S-    • 
or  his  continued  residence  in  the  precinct  since  his  name 
was  placed  upon  the  registration  list,  as  the  case  may  be, 
by    the    testimony,  under    oath,    of   at    least    one    other 
elector,  one  of  the  judges  shall  tender  to  him   the  follow- 
ing oath  : 

"  You  do  solemnly  swear  (or  afifirm)  that  you  are  a  citizen  of  the  United 
States,  that  you  are  twenty-one  years  of  age,  and  t^at  you  have  resided  in 
this  State  for  twelve  months,  and  in  this  county  for  ninety  days  next  pre- 
ceding this  election,  and  that  you  are  not  disqualified  from  voting  by  the 
constitution  and  laws  of  this  State  ;  that  your  name  is  (here  insert  the  name 
given),  and  that  in  such  name  you  were  duly  registered  as  a  voter  of  this 
township,  and  that  you  are  now  an  actual  resident  of  the  same  and  have 
been  ever  since  you  were  so  registered,  and  that  you  are  the  identical  person 
you  represent  yourself  to  be,  and  that  you  have  not  voted  in  this  election  at 
this  or  any  other  polling  place.     So  help  you,  God." 


10 

And  if  he  refuses  to  take  such  oath,  his  vote  shall  be 
rejected  ;  if,  however,  he  does  take  the  oath  when  ten- 
dered, his  vote  shall  be  received  :  Provided,  that  after 
such  oath  shall  have  been  taken,  the  judges  may,  never- 
theless, refuse  to  permit  such  person  to  vote  if  they  be 
satisfied  that  he  is  not  a  legal  voter  ;  and  they  are  hereby 
authorized  to  administer  the  necessary  oaths  or  affirma- 
tions to  all  witnesses  brought  before  them  to  testify  to 
the  qualifications  of  a  person  offering  to  vote.  When- 
ever any  person's  vote  shall  be  received  after  having  taken 
the  oath  prescribed  in  this  section,  the  clerks  of  the  elec- 
tion shall  write  on  the  poll-books  at  the  end  of  such  per- 
son's name  the  word  "sworn."  The  same  powers  as  to 
the  administration  of  oaths  and  the  examination  of  wit- 
nesses, as  in  this  section  granted  to  judges  of  elections, 
may  be  exercised  by  the  registrars  in  all  cases  where  the 
names  of  persons  registered  or  offering  to  register  are 
objected  to. 
Whenpousto  Sec.  2685.  The   polls   shall   be  opened  on  the  day  of 

be  opened  and  ...  .11-1  •  m  <• 

closed;  manner    election  from  seven  o  clock  in  the  morning  until  sunset  01 

of  voting.  ° 

!^Z];~'^' ^' i^^ '^^  H-  the  sam.e  day,  and  no  longer  ;  and  each  voter  whose  name 

I876--7,  c.  275,  s.  1«.  -'  ^  &        ' 

may  appear  registered,  and  who  shall  not  be  challenged 
and  rejected,  shall  hand  in  his  ballot  to  the  judges,  who 
shall  carefully  deposit  the  ballots  in  the  ballot  boxes. 
Judges  to  deposit      Sec.  2686.  Immediately  after  any  election  the  judges 

registration  ...  1,1,  •        ^  •  •  ^         ^        r  1      • 

books  with  the     of  election  shall  deposit  the  registration  books  ror  their 

register  of  deeds.  ^  ° 

i87i-'2,  c.  185.  s.  15.  respective  precincts  with  the  register  of  deeds  of  their 

respective  counties. 
How  officers  Sec.  2687.  The  State  officers,  viz..  Governor,  Lieuten- 

shall  be  voted  a        •  -t- 

for;  ballots  to  be  ant    Govemor,    Setretary    of    State,  Auditor,  Treasurer, 

on  white  paper  ^ 

and  without  de-  Superintendent  of  Public  Instruction,  and  Attorney-Gen- 
i87i-'2,  c.  185,  s.  16.  gj-^j^  shall  be  voted  for  on  one  ballot.  The  members  of 
Congress  for  their  respective  districts  shall  be  voted  for 
on  one  ballot.  The  member  or  members  of  Congress  for 
the  State  at  large,  if  there  be  such,  shall  be  voted  for  on 
one  ballot.  The  Justices  of  the  Supreme  Court,  Judges 
of  the  Superior  Court  and  Solicitors  shall  be  voted  for  on 


II 

one  ballot.  The  members  of  the  General  Assembly  for 
their  respective  counties  and  districts  shall  be  voted  for 
on  one  ballot.  The  county  officers  for  the  respective 
counties,  viz.,  Clerk  of  the  Superior  Court,  Treasurer, 
Register  of  Deeds,  Surveyor,  Coroner,  and  Sheriff,  shall 
be  voted  for  on  one  ballot.  The  ballots  shall  be  on  white 
paper,  and  may  be  printed  or  written,  or  partly  written 
and  partly  printed,  and  shall  be  without  device. 

Sec.  2688.  The  board  of  county  commissioners,  or  upon  County  commis- 

•'  '■         sioners  to  provide 

their  failure,  the  inspeccors  of  election,  shall  provide  for  t>an<^  boxes;  de- 
f  '  ^  scrlption  of 

each  election  precinct  in  their  respective  counties  ballot  ^^J^^^^J^®  *^ 
boxes  for  each  class  of  officers  to  be  voted  for,  in  which  Jsye-'?',  c.  ^1',  s'.  19'. 
to  deposit  the  ballots  for  such  officers  respectively.  Each 
of  said  boxes  shall  have  an  opening  through  the  lid  of 
sufficient  size  to  admit  a  single  folded  ballot,  and  no  more. 
The  said  ballot  h^es  shall  be  kept  by  the  judges  of  elec- 
tion for  the  use  of  their  several  election  precincts  respect- 
ively. And  said  judges  of  election,  before  the  voting 
begins,  shall  carefully  examine  the  ballot  boxes  and  see 
that  there  is  nothing  in  them.  Each  box  shall  be  labelled 
in  plain  and  distinct  Roman  letters,  with  the  name  of  the 
office  or  offices  to  be  voted  for,  and  the  question  or  ques- 
tions to  be  voted  upon.  The  majority  of  the  judges  of 
election  for  the  county  and  State  officers  for  any  voting 
precinct,  with  the  registrar  of  such  precinct,  may,  if  they 
think  it  expedient  so  to  do,  rail  off,  at  a  cost  to  be  ap- 
proved by  the  board  of  county  commissioners,  and  to  be 
paid  for  by  the  county,  at  such  precinct  a  space  or  enclo- 
sure, with  an  opening  at  one  end  or  side  for  the  entrance 
of  the  voter,  and  an  opening  at  the  other  side  for  his  exit, 
as  a  polling  place  in  which  to  hold  the  election  for  the 
State  and  county  officers.  Only  one  voter  shall  be  allowed 
to  enter  such  polling  place  at  one  time,  and  no  one  ex- 
cept the  judges  of  election  shall  be  allowed  to  speak  to 
or  interfere  with  the  voter  while  in  the  polling  place  cast- 
ing his  vote,  which  shall  be  put  in  the  proper  box  or  boxes 
by  said  voter,  or  by  the  judges  at  the  request  of  the  voter. 


12 

All  voters  shall  pass  through  said  enclosure  without  any 
delay  of  time,  so  that  said  passage  shall  not  be  obstructed 
by  delay  unnecessarily,  outside  of  depositing  his  vote  or 
votes. 

A  similar,  but  separate  and  distinct,  space  or  enclosure 
may  be  railed  off  as  a  polling  place  for  the  election  of 
members  of  Congress  and  Presidential  Electors,  at  such 
distance  from  the  polling  place  for  State  and  county  offi- 
cers as  the  judges  of  election  may  designate.  In  the 
event  such  separate  polling  place  shall  be  designated  for 
holding  the  election  for  members  of  Congress  and  Presi- 
dential Electors  as  herein  provided,  the  methods  for  hold- 
ing the  election  and  conducting  the  voting  shall  be  the 
same  in  all  respects  as  those  provided  aforesaid  in  this 
amendment  to  said  section  2688  of-  The  Code  for  the 
polling  places  for  State  and  county  officers.  The  regis- 
trar appointed  for  such  precinct  shalF  have  power  and 
authority  to  appoint  a.  deputy  registrar  for  such  separate 
piolling  place,  to  whom  shall  be  furnished  the  names  of  all 
persons  qualified  and  entitled  to  vote  at  such  precinct, 
and  the  judges  of  election  appointed  for  such  precinct 
and  registrar  shall  appoint  two  suitable  and  discreet  per- 
sons as  judges  or  inspectors  of  election  for  such  separate 
polling  place,  who  shall  be  of  different  political  parties, 
where  possible.  The  registrar  and  judges  so  appointed 
for  such  separate  polling  place  shall  be  sworn  to  perform 
their  duties  according  to  law,  shall  make  due  returns  of 
the  election,  and  have  all  the  powers,  privileges  and 
authority  conferred  on  them  by  law  as  in  the  case  of  other 
registrars  and  judges  of  election  :  Provided,  however,  that 
if  the  judges  of  election  at  any  of  the  voting  precincts 
in  this  State  do  not  see  fit  to  carry  out  the  provisions  of 
this  am.endment  to  said  section  2688  of  The  Code,'^  then, 
and  in  that  event,  the  election  at  said  precinct  not  adopt- 
ing such  provisions  shall  be  conducted  in  all  respects  as  is 
now  provided  by  law. 

*A11  the  amendments  to  the  election  law  made  in  chapter  287  Laws  of  1889, 
are  incorporated  in  the  election  law  now  sent  out. 


13 

Sec.  268q.  When  the    election    shall    be   finished,  the  How  boxes  to  be 

.  opened  and  the 

registrars  and  ludges  of  election,  in  the  presence  of  such  ballots  counted; 

^  J       fca  y  f  what  tickets  to 

of  the  electors  as  may  choose  to  attend,  shall  open  the  t^o^^^i^i-  ,„^     .„ 

lo7i—  Zf  C.  loO,  S.  lo. 

boxes  and  count  the  ballots,  reading  aloud  the  names  of 
the  persons  who  shall  appear  on  each  ticket ;  and  if  there 
shall  be  two  or  more  tickets  rolled  up  together,  or  any 
ticket  shall  contain  the  names  of  more  persons  than  such 
elector  has  a  right  to  vote  for,  or  shall  have  a  device  upon 
it,  in  either  of  these  cases  such  tickets  shall  not  be  num- 
bered in  taking  the  ballots,  but  shall  be  void;  and  the 
said  counting  of  votes  shall  be  continued  without  adjourn- 
ment until  completed  and  the  result  thereof  declared. 

Sec.  2690.  The  judges  of  election  in  each  township.  Delivery  of  the 
ward  or  precinct  shall  appoint  one  of  their  number  or  i876-'7,  c 275,  s. 21. 
the  registrar  to  attend  the  meeting  of  the  board  of  county 
canvassers,  as  a  raember  thereof,  and  shall  deliver  to  the 
member  who  shalr  have  been  so  appointed  the  original 
return  or  statement  of  the  result  of  the  election  in  such 
township,  ward  or  precinct  ;  and  the  members  of  the 
several    township,  ward   or  precinct  boards  of   election,  ^ 

who  shall  have  been  so  appointed,  shall  attend  the  meet- 
ing of  the  board  of  county  .canvassers  for  such  election 
in  the  county  in  which  they  shall  have  been  appointed  as 
members  thereof. 

Sec.  2691.  The  members  of  the  several  boards  of  elec-  The  board  of 

^.  ^  ,  ^,  •    •       1        ^  ^    ^  ^        r   ^1       county  canvas- 

tion  to  whom  the  original  returns  or  statements  of  the  sers. 

,,,,..,  .  ,  ,   .        1876-7,  c.  275,  S.  22. 

result  of  the  election  in  the  precincts,  wards  or  townships 
to  which  they  respectively  belong,  shall  have  been  deliv- 
ered as  directed  in  the  preceding  section,  shall  constitute 
the  board  of  county  canvassers  for  such  election  in  the 
county  in  which  such  precinct,  ward  or  township  shall  be 
situated  ;  and  the  register  of  deeds  of  such  county  shall 
be  the  clerk  of  such  board,  unless  the  board  shall  elect 
another  person  in  his  place. 

Sec.  2692.  A  majority  of  the  members  of  the  several  a  majority  to 
precinct  boards  of  election  who  shall  have  been  appointed  quorum.^* 

..        J   .1  .-  r    ^1        1  J       f  .  1876-7,  c.  275,  s.  23. 

to  attend  the  meeting  ot  the  board  or  county  canvassers 
as  members  thereof,  shall  constitute  such  board. 


14 

The  meeting  of         Sec.  2603.  The  board  of  countv  canvassers  shall  meet 

the  board  of  ^^  ^ 

i?76^7^^^27'  24  ^"  ^^^  sccond  day  next  after  every  election  at  twelve 
o'clock,  noon,  of  that  day,  at  the  court-house  of  the  county, 
and  at  that  hour,  without  delay,  the  members  of  such 
board  who  shall  then  be  present  shall  choose  one  of  their 
number,  who  shall  be  the  chairman  :  Provided,  the  board 
of  county  canvassers  of  Dare  shall  meet  on  the  seventh 
day  after  the  election  ;  the  board  of  county  canvassers  of 
Hyde  and  Carteret  counties  shall  meet  on  the  fourth 
day  after  the  election  ;  and  as  soon  as  such  chairman  shall 
be  appointed,  he  shall  administer  to  each  of  the  other 
members,  and  each  of  the  other  members  shall  take,  an 
oath  or  affirmation  in  the  following  form  :  "You  do  swear 
(or  affirm)  that  you  will  faithfully  and  impartially  execute 
the  duties  of  the  board  of  canvassers  according  to  law." 
And  thereupon  one  of  the  members  j|||  such  board,  ap- 
pointed for  that  purpose,  shall  administer  to  such  chair- 
man, and  such  chairman  shall  take,  an  oath  or  affirmation 
in  the  same  form  as  that  taken  by  the  other  members  of 

^r>^  the  board.     And  before  proceeding  to  canvass  and  esti- 

mate the  votes  in  such  county,  the  chairman  of  the  board 
shall  administer  to  the  clerk  thereof  an  oath  or  affirma- 
»   '  tion  in  the  following  form:     "You  do  swear  (or  affirm) 

^^'  that  you  will  faithfully  execute  the  duties  of  clerk  of  this 

board  according  to  law." 

The  board  of  Sec.  2694.  The    board   of   county   canvassers   shall,  at 

sers  to  open  and  their  said  meeting,  in  the  presence  of  the  sheriff  and  of 
canvass  the  re-  ,       ,  ,  ,  ,  , 

turns.  such  electors  as  choose  to  attend,  open  and  canvass  and 

1876-'7,  c.  275,  s.  25.  .  .  /^ 

judicially  determine  the  returns,  and  make  abstracts,  stat- 
ing the  number  of  legal  ballots  cast  in  each  precinct 
for  each  office,  the  name  of  each  person  voted  for,  and 
the  number  of  votes  given  each  person  for  each  different 
office,  and  shall  sign  the  same.  Said  board  shall  have 
power  and  authority  to  judicially  pass  upon  al^the  facts 
relative  to  the  election,  and  judicially  determine  and  de- 
*  clare  the  true  result  of    the  same  ;    and   they  shall  also 

have  p^wer  and  authority  to  send  for  papers  and  persons, 
and  examine  the  latter  on  oath. 


^5 

Sec.  2605.  The  abstract  of  the  votes  for  each  of  the  An  abstract  of 

■^ ->  the  votes  to  be 

following  classes  shall  be  made  on  a  different  sheet :  g^^de.  ^  ^^  ^  ^^ 

1.  Governor  and  all  State  ofificers ; 

2.  Representatives  in  Congress  ; 

3.  Senators  and  Representatives  in  the  General  Assem- 
bly; 

4.  Justices  of  the  Supreme  Court,  Judges  of  the  Supe- 
rior Court,  and  Solicitors  ; 

5.  County  officers. 

Sec.  2606.  Three  abstracts  of  all  the  votes  cast  for  any  separate  ab- 

^  "^    stracts  to  be 

State  ofificer,  for  Representatives  in  Concrress,  for  Justices  sig^^^^  by  the 

'  ^  <=.  7  ^  members  of 

of  the  Supreme  Court,  for  Juds^es  of  the  Superior  Court,  ^^^'a^n^'^^^^^'^ 

'-  '  ./         o  J.  '  1870-7,  c.  275,  s,  27. 

and  for  Solicitor,  shall  be  made  and  signed  by  the  chair- 
man of  the  board  of  county  canvassers,  one  of  which  shall 
be  delivered  to  the  sheriff  of  the  county,  one  filed  with 
the  register  of  dfcds,  to  be  registered  in  his  office,  and 
one  forwarded  by  mail  in  a  registered  letter  to  the  Secre- 
tary of  State  at  Raleigh.  Also  two  separate  abstracts  of 
all  the  votes  cast  for  State  senators  when  the  senatorial 
district  consists  of  more  than  one  county,  one  of  which 
shall  be  filed  with  the  register  of  deeds,  to  be  registered 
in  his  office,  and  the  other  furnished  to  the  sheriff  of  the  \ 

county  or  other  returning  officer. 

Sec.  2697.   Each  abstract  of  the  votes  cast  for  such  of-  contents  of  the 

c.  4-1  ^         \  ituiii.-  ^     abstract  of  the 

ncers  as  the  county  alone  elects  shall  contam  an  accurate  vote  for  county 
statement  of  all  the  persons  voted  for  and  the  number  of  1876-'?,  c.  275,  s.  28. 
legal  votes  cast  for  each. 

Sec.  2698.  When  the  canvass  is  concluded,  the  board  original  returns 
shall  deliver  the  original  returns  to  the  clerk  of  the  Su   c?erl  ot'^fhrs?- 
perior  Court,  to.be  filed  in  his  office,  and  shall  cause  each  recorde^dTdu^pii- 
of  the  abstracts  mentioned  in  the  two  preceding  sections  secretary 'of 
to  be  recorded  in  a  book  to  be  called  "  The  Election  Book,"  1876-7,  e.  275,  s.  29. 
to  be  kept  in  the  office  of  said  clerk.     And   said  clerk 
shall  also  transmit  by  mail  to  the  Secretary  of  State  dupli- 
cates of    the   abstracts  mentioned   in  section  twenty-six 
hundred  and  ninety-six,  each  abstract  to  be  sealed  up  in 
a  separate  envelope. 


i6 
Persons  having        Sec.  260Q.  The  person  having^  the  greatest  number  of 

highest  vote  to  :3':7  r  fc>  b 

be  declared  legal  votes  for  any  office  is  to  be  declared  elected.     But 

i84^c^27Vif*      ^^  ^^^  ^^   more  county  candidates,  having  the  greatest 
i876-'7, 0.275, s. 30.  j^^j^j^gj.  q£  ^Q|.gg^  gj^^jj  j^g^^g  ^j^  cqual  number,  the  board 

of  commissioners  of  the  county  shall  determine    which 

shall  be  elected.  •%• 

to^be^^ociaimeT      ^EC.  2/00.  When  the  board  of  county  canvassers  have 

hou^e'^^"^^'         thus  completed  the  comparison  of  the  polls,  they  shall 

i876-'7,  C.275,  s.  31.  ^^^gj^^j^g  ^l^^  result  of  the  election   in  their  county  for 

all  persons  voted  for  and  proclaim  the  same  at  the  court- 
house door,  with  the  number  of  votes  cast  for  each. 
Returning offi-.         Sec.  2701.  The  sheriffs  or  other  returning:  officers   in 

cers  of  senatorial  /  fc> 

^^d^wheVrto^      ^^^  various  senatorial  districts  composed  of  more  than 
Sfiing'tomake^^  one  county,  after  receiving  the  returns  from  the  board  of 
am^Sed'and^om-  county  canvassers,  shall  meet  on  the  tenth  day  after  the 
?8^6-'7',  c.  275,  s.  32.  election,  at  the  following  places  in  th^r  respective  dis- 
tricts, for  the  purpose  of  comparing  the  polls  :  In  the  first 
district,  at  Hertford,  in  the  county  of  Perquimans ;  in  the 
■   '  second  district,  at  Plymouth,  in  the  county  of  Washing- 

ton ;  in  the  third  district,  at  Roxobel,  in  the  county  of 
Bertie  ;  in  the  seventh  district,  at  Nashville,  in  the  county 
of  Nash  ;  in  the  ninth  district,  at  Pollocksville,  in  the 
county  of  Jones;  in  the  tenth  district,  at  Mount  Olive, 
in  the  county  of  Wayne  ;  in  the  eleventh  district,  at  Kins- 
ton,  in  the  county  of  Lenoir  ;  in  the  twelfth  district,  at 
Wilmington,  in  the  county  of  New  Hanover;  in  the 
thirteenth  district,  at  Northwest,  in  the  county  of  Bruns- 
wick;  in  the  fifteenth  district,  at  Lennon's  Cross  Roads, 
near  Francis  Lennon's,  in  Columbus  county;  in  the  six- 
teenth district,  at  Fayetteville,  in  the  county  of  Cumber- 
land ;  in  the  nineteenth  district,  alternately  at  the  court- 
houses of  Warren  and  Vance  ;  in  the  twentieth  district,  at 
Hillsboro,  in  the  county  of  Orange  ;  in  the  twenty-second 
district,  at  Jesse  Henley's,  in  the  county  of  Chatham  ;  in 
the  twenty-fifth  district,  at  Brower's  Mill,  in  the  county  of 
Randolph  ;  in  the  twenty-sixth  district,  at  John  Webb's, 
on  the  plank-road,  in  the  county  of  Richmond  ;  in  the 


twenty-seventh  district,  at  Mulcohy,  in  the  county  of  An- 
son ;  in  the  twenty-eighth  district,  at  Mount  Pleasant,  in 
the  county  of  Cabarrus  ;  in  the  thirtieth  district,  at  Foard's 
Mill,  in  the  county  of  Rowan  ;  in  the  thirty  second  dis- 
trict, at  Germanton,  in  the  county  of  Stokes ;  in  the 
thirty-third  district,  at  Rockford,  in  the  county  of  Surry; 
in  the  thirty-fourth  district,  at  Taylorsville,  in  the  county 
of  Alexander;  in  the*thirty-fifth  district,  at  Jefferson,  in 
the  county  of  Ashe  ;  in  the  thirty-sixth  district,  at  Marion, 
in  the  county  of  McDowell  ;  in  the  thirty- seventh  district, 
at  Early  Grove,  in  the  county  of  Catawba  ;  in  the  thirty- 
eighth  district,  at  Cherryville,  in  the  county  of  Gaston  ; 
in  the  thirty-ninth  district,  at  Rutherfordton,  in  the 
county  of  Rutherford  ;.  in  the  fortieth  district,  at  Ashe- 
ville,  in  the  county  of  Buncombe  ;  in  the  forty-first  dis- 
trict, at  Brevard, ^in  the  county  of  Transylvania;  in 
the  forty-second  district,  at  Franklin,  in  the  county  of 
Macon.  If  for  any  cause  any  of  said  sheriffs  or  returning 
officers  are  prevented  from  meeting  at  said  places,  re- 
spectively, on  the  aforesaid  tenth  day  after  the  election, 
the  returns  of  such  officers  shall  be  waited  for  and  received 
if  they  arrive  on  the  following  day  ;  and  the  returning 
officer  failing  to  attend  at  the  time  and  place  required  as 
aforesaid  shall  forfeit  and  pay  one  thousand  dollars,  to 
be  recovered  in  the  Superior  Court  of  his  county  by  any 
person  who  may  sue  for  the  same,  and  shall  be  guilty  of 
a  misdemeanor;  but  if  the  returns  of  all  the  counties  in 
the  district  be  not  in  by  noon  of  the  day  appointed,  then 
the  returning  officers  shall  adjourn  from  day'to  day  until 
the  returns  from  all  the  counties  be  received,  and  in  the 
meantime  shall  despatch  a  competent  person,  under  oath, 
to  the  county  of  the  delinquent  returning  officer  for  a 
certified  copy  of  the  vote  of  that  county,  which  shall  be 
furnished  by  the  register  of  deeds  of  said  county,  and 
when  received  shall  be  counted  ;  and  when  the  sheriffs 
shall  be  convened  as  aforesaid,  the  polls  for  the  different 
counties  shall  be  examined  in  thepresenceof  one  justice  and 

2 


five  electors,  to  be  summoned  by  the  sheriff  of  the  county 

where  they  shall  meet  ;  and  a  certificate,  under  the  hands 

and  seals  of  the  returning  sheriffs,  shall  be  given  to  the 

candidate  in  each  district  for  whom  the  greatest  number  of 

votes  shall  have  been  given  ;  but  if  two  or  more  candidates 

shall  have  an  equal  number  of  votes,  the  said  ofificers  shall 

determine  which  shall  be  a  senator,  and   if  no  decision 

shall  be  made  by  them,  they  shall  ctetermine  the  same  by 

lot. 

Certificate  of  Sec.  2702.  The    sheriff    of    each  county  shall  furnish, 

election,  when  '  •' 

and  how  fur-         within  ten  days,  the   member  or  members  elected  to  the 

nished.  -^    ' 

isyfc'T' c*  275' s' 33*  House  of  Representatives  and  to  the  Senate,  where  the 
district  is  not  composed  of  more  than  one  county,  a  cer- 
tificate of  election,  under  his  hand  and  seal;  he  shall 
also  imm.ediately  notify  all  persons  elected  to  the  county 
ofifices  to  meet  at  the  court-house  on  the  first  Monday  in 
the  ensuing  month,  to  be  qualified. 

Returns  for  state      Sec.  2703.  The  sheriff  Or  Other  returning  ofificer  of  each 

officers;  when, by 

whom  and  how    countv  shall,  on  or  before  the  third  day  after  the  election, 
made;  certificate  ^  -^ 

whom"s?atement  transmit  by  mail,  in  a  registered  letter,  or  otherwise,  to 
quent^?S,urnfi^"  ^^^  Speaker  of  the  House  of  Representatives,  a  sepa- 
?^£7,' * 275, s.  34.  ^^^^  statement  of  the  votes  taken  in  his  county  for  each 
of  the  State  ofificers,  to-wit.  Governor,  Lieutenant-Gov- 
ernor, Secretary  of  State,  Auditor,  Treasurer,  Superin- 
tendent of  Public  Instruction,  and  Attorney-General,  which 
statement,  in  each  case,  shall  be  in  the  following  or  some 
similar  form,  viz.: 

.  ^  STATE  OF  NORTH  CAROLINA, 

County. 

I, ,  sheriff  of county,  do  hereby  certify  that 

at  the  election  held  in  the  said  county  to  elect  a  Governor  (or  other  ofHcers, 

as  the  case  may  be),  for  four  years,  from  the  first  day  of '. next, 

at  the  places  appointed  by  law  for  holding  elections  for  said  county,  on  the 

*    day  of ,  A.  D.,  one  thousand  eight  hundred  and 

, votes  were  given  for ,  and votes  were  given  for 


Given  under  my  hand,  this day  of ,18 

,  Sheriff. 


i9 

If  said  statements  are  transmitted  by  mail,  they  shall 
be  directed  in  sealed  packets  to  the  Speaker  of  the  House 
of  Representatives  in  care  of  the  Secretary  of  State,  and 
if  by  messenger,  they  shall  be  sent  directly  to  the  Speaker 
of  the  House  of  Representatives,  sealed  as  aforesaid : 
Provided,  that  no  messenger  bringing  said  statements  or 
any  other  abstracts  or  election  returns  shall  receive  com- 
pensation therefor.  Any  sheriff  or  other  returning  offi- 
cer failing  or  neglecting  to  perform  the  duties  required 
in  this  section  shall  forfeit  and  pay  two  thousand  dollars, 
to  be  recovered  in  the  Superior  Court  of  his  county  by 
any  person  who  shall  sue  for  the  same,  and  shall  be  guilty 
of  a  misdemeanor,  and  imprisoned  at  hard  labor  in  the 
penitentiary  for  twelve  months:  Provided  further,  that 
the  sheriffs  of  the  counties  of  Carteret,  Hyde  and  Dare 
shall  have  until  the  eleventh  day  after  the  election  to 
comply  with  this  section. 

Sec.  2704.  The  Secretary  of  State  shall  cause  proper  Secretary  of  state 

•'  _  to  prepare  and 

forms  of  returns  to  be  prepared  and  printed,  and  send  transmit  forms 

^      ^  r-  '  of  returns. 

copies  thereof,  with  plain  directions  as  to  the  manner  of  }^7i-%  c.  iss,  s.  24. 

^  '  ^  1876-'7,  c.  2/5,  SS. 

indorsing,  directing  and  transmitting  the  same  to  the^'^^- 
seat  of  government,  to  all  the  returning  officers  of  the 
State,  at  least  thirty  days  before  the  time  of  holding  any 
election.  He  shall  also  furnish  to  the  register  of  deeds 
of  each  county  all  such  printed  blanks  as  may  be  neces- 
sary for  making  the  county  returns. 

Sec.  2705.  The  Speaker  of  the   House  of  Representa- Returns  for  state 

^.  .         ,  f.  .      .  -      ,  ,  -  officers,  how  and 

tives,  in  the  presence  ot  a  majority  01  the  members  of  by  whom  opened 

"  and  published; 

both   Houses  of  the  General  Assembly,  shall  open  and  in  caseof  defec- 

*■  tive  returns,  who 

publish  the  returns  for  Governor,  Lieutenant-Governor,  to ^e declared 

^  '  '  elected;  tie  votes; 

Secretary  of  State,  Auditor,  Treasurer,  Superintendent  of  ^iS^J^^^^  ^^^^' 
Public     Instruction,    and    Attorney-General,    at    twelve  in^l^s.^^'^^^^^ 
o'clock,  noon,  on  the  first  Tuesday  after  the  organization  Si'?',  c! 5?^' ^*  ^* 
of   both  Houses  of  the  General  Assembly.     And  if  for  *^^-'^' ^' 2^^' '•  ^^• 
any  cause    there  be  no  return  from  any  county  of   the 
State,  or  if  any  return  be  defective,  a  proper  return  shall 
be  had  in  such  manner  as  the  two   Houses  in  joint  ses- 


20 

sion  may  direct ;  and  in  either  case  the  publication  of  the 
result  may  be  postponed  to  such  time  as  the  joint  session 
of  the  two  houses  may  deem  best.  The  person  having 
the  highest  number  of  votes  for  each  office  respectively 
shall  be  duly  declared  elected  thereto  ;  but  if  two  or  more 
be  equal  and  highest  in  votes  for  the  same  office,  then  one 
of  them  shall  be  chosen  by  joint  ballot  of  both  Houses 
of  the  General  Assembly.  Contested  elections  shall  be 
determined  by  a  joint  vote  of  both  Houses  of  the  Gen- 
eral Assembly  in  the  same  manner  and  under  the  same 
rules  and  regulations  as  prescribed  in  cases  of  contested 
elections  of  members  of  the  General  Assembly. 
An  abstract  of  Sec.  27o6.   An  abstract  of  the  returns  of  votes  for  State 

the  returns  to  be  ' 

SeS^s^^ designed  officers  shall  be  made  by  the  clerks  of  the  two  Houses  of 
officers^of  ?he^°  ^^^  General  Assembly,  showing  the  number  of  ballots  cast 
biyja^dfifed^"  ^ov  each  Candidate,  the  names  of  all  persons  voted  for, 
State.' ^^^^  ^^^ *^  the  offices  for  which   they  received  such  votes,  and  the 

1881,  p.  623.  1  r  i.         ■        i.    r  i,  j    ^i 

Resolution  of       number  or  votes  cast   tor  each  person,  and  the  persons 

January  13th.  •        ,   t  i  i  ,  i  i  i 

ascertained  by  the  canvass  to  be  elected  to  the  several 
offices  ;  and  said  abstract  shall  be  signed  by  the  presid- 
ing officers  of  the  two  Houses  and  delivered  to  the  Sec- 
retary of  State,  who  shall  record  it  in  the  election  book 
kept  in  his  office,  and  then  file  it.  Said  abstract  shall 
also  be  printed  in  the  journals  of  the  two  Houses  and  in 
the  legislative  documents. 
Penalty  on  offi.         Sec.  2707.  Any  registrar  or  judge  of  election,  or  any 

cers  for  non  per-  ^  .      .  •   ^  r  j        1         1      i 

formance  of  duty  county  canvasser  or  commissioner,  register  or  deeds,  clerk 

under  this  chap-  ,        .^r     i-    -i-  1         •  11  1 

ter.  or  sheriff,   failtfig  or  nep:lecting  to  make  the  returns  and 

R.  C.,c.34,  s.  113.  ^  ^  ^^   ,  ,     ,,    ,        ^       \ 

1812,  c. 29,  ch. 33,  s.  perform    the  duties  required   of  him,  shall  be  fined  not 

JoZi"!^' ^- o^?' ^- ^- less  than  five  hundred  nor  more  than  one  thousand   dol- 

1876-7,  c.  275,  s.  38. 

lars,  or  imprisoned  not  more  than  six  nor  less  than  two 
months,  at  the  discretion  of  the  court  ;  and  every  such 
^officer  for  every  such  ofTence  shall  forfeit  and  pay  the 
sum  of  five  hundred  dollars,  to  be  recovered  in  the  name 
and  to  the  use  of  the  State,  on  motion  of  the  Attorney- 
General  in  the  Superior  Court  of  Wake  county,  ten  days' 
previous  notice  in  writing  of  such  intended  motion  hav- 


ing  been  given  to  such  officer  by  the  Secretary  of  State. 
The  proceeding  thereon  shall  be  summary,  and  if  any 
matter  of  fact  shall  be  in  issue,  the  same  shall  be  tried  at 
the  first  term;  and  on  such  trial,  or  for  any  other  pur- 
pose in  the  prosecution  of  such  motion  to  judgment,  the 
certificate  of  the  Secretary  of  State,  or  of  the  Governor, 
as  the  case  may  be,  of  the  particular  default  on  which 
the  motion  is  founded,  shall  be  received  as  competent 
prima  facie  evidence  to  prove  the  same. 

Sec.  2708.  If  any  sheriff,  or  returning  officer  whatever,  wiimi or  maii- 

'  ^  °  cious  neglect  of 

shall  wilfully,  or  of  malice,  neglect  to   perform  any  duty,  officers  to  per- 

^  ^  '        fc>  f  J  J  t  foj-m  their  duties. 

act,  matter  or  thing,  required  or  directed,  in  the  time,  §42^0 ^30^ Vs^^^* 
manner  and  form  in  which  such  duty,  act,  matter  or 
thing  is  required  to  be  performed  in  relation  to  the  elec- 
tion and  returns  thereof,  of  the  Governor,  of  Representa- 
tives in  Congress,  of  Justices  of  the  Supreme  Court,  of 
Judges  of  the  Superior  Court,  of  Solicitors,  or  of  the  Elect- 
ors of  President  and  Vice-President  of  the  United  States, 
the  person  so  offending  shall  be  guilty  of  a  felony,  and 
fined  not  less  than  one  thousand  nor  more  than  five 
thousand  dollars,  and  be  imprisoned  not  less  than  one  nor 
more  than  three  years  ;  and  shall  be  disabled  from  hold- 
ing any  office  of  profit  or  trust  under  the  authority  of  the 
State. 

Sec.  2709.  Any  person  who  shall,  with  intent  to  com- penalty  for 
mit  a  fraud,  register  or  vote  at  more  than  one  box   or  tration^or  vo^tmg. 

..t,  X.-  1,        t.    n   •     J  i.1         ^      J  1871-'2,  c.  185,  s.  30.' 

more  than  one  time,  or  who  shall  induce  another  to  do  so,  iS76-'7,  c  275,  s.  39. 

or  any  person  who  shall  illegally  vote  at  any   election, 

shall  be  guilty  of  an  infamous  crime,  imprisoned  not  less 

than  six  nor  more  than  twelve  months,  or  fined  not  less 

than  one  hundred  nor  more  than  five  hundred  dollars,  at 

the  discretion  of  the  court ;  and  any  registrar  of  voters,  or 

any  clerk  or  copyist  who  shall  make  any  entry  or  copy 

with  intent  to  commit  a  fraud,  shall  be  liable  to  the  same 

penalty. 


22 

P^iiaityfor^or-        Sec.  2/ 10.  Any  person  who  shall  corruptly   take   the 

scribedfor voters  ^^^^^  prescribed  for  voters,  shall  be  guilty  of  perjury,  and 

isT^'?' c!  ^il  s!  4o!  ^^  fined  not  less  than  five  hundred  dollars,  nor  more  than 

one  thousand  dollars,  and  be  imprisoned  at  hard  labor  in 

the  penitentiary  not  less  than  two  nor  more   than  five 

years. 

Secretary  of  state      Sec.  271 1.  The  Secretary  of  State  shall,  at  least  sixty 

to  furnish  copies  '  j  •>  j 

of  the  election      days  before  each  election,   furnish  the  board  of  county 

law  to  the  com-  •'  _  '  ^  ^ 

Sch^cmfnty^  Commissioners  of  each  county  with  a  sufficient  number 
1876^7' c' ^1' s*  4i'.  ^^  copies  of  this  chapter,  as  it  will  always  read  with  the 
latest  amendments  incorporated  with  it,  to  supply  each 
county  canvasser,  commissioner,  register  of  deeds,  sheriff, 
registrar  of  voters,  and  judge  of  election  with  one  copy 
thereof. 
Armed  men  not        Sec.  2/12.  No  regimental,  battalion  or  company  muster 

to  muster  on  day    ,     ,,  ,  ,,     ,  ,.  ,  ,        .  ,  ,     ,,  , 

of  election.  shall  be  called  or  directed  on  election  day,  nor  shall  armed 

R.  C,  c.  52,  s.  21.  ,  ,  ,  ,  ,       ,         .         -^ 

1795,  c.  431.  men  assemble  on  the  day  of  election,  at  any  place  ap- 

1876-7,  c.  275,  s.  44.  ^      ^  '  ^     ^  ^ 

pointed  by  law  to  hold  elections  for  Electors  of  President 
and  Vice-President  of  the  United  States,  Governor,  mem- 
bers of  Congress  or  members  of  the  General  Assembly, 
under  the  penalty  of  one  thousand  dollars,  to  be  recov- 
ered of  any  person  who  shall  call  such  muster,  or  assem- 
ble such  armed  men,  one-half  to  go  to  the  use  of  the 
informer,  and  the  other  half  to  the  use  of  the  State. 
Breaking  up  or         Sec  2/ 1 3.  Any  person  who,  by  force  and  violence,  shall 

staying  elections.  ,,  ^  i4.-u  i4.-4.urc 

R.  c.,c. 34,  s. 37.     break  up  or  stay  any  election,  by  assaulting  the  orncers 

1793  c.  382  s.  2,  t.  j  ^  j  o 

thereof,  or  depriving  them  of  the  ballot  boxes,  or  by  any 

other  means,  his  aiders  and  abettors,  shall  be  guilty  of  a 

misdemeanor,    and    imprisoned    three    months,  and    pay 

such  fine  as  the  court  shall  adjudge,  not  exceeding  one 

hundred  dollars. 

•  Treating  at  eiec-        Sec.  2714.  Any  person  who  shall  treat  with  either  meat 

R.  c.,*c.  52,  s.  23.    or  drink,  on  any  day  of   election,   or  any  day  previous 
1801,  c.  580,  s.  3.         ,  .  ,  .    /  .    ^  ,  ,        .  1     ,, 

1876-7,  c.  275,  s.  46.  thereto,  with    an   intent  to  influence  the   election,  shall 

forfeit  and  pay  two  hundred  dollars,  the  one-half  for  the 

use  of  the  county,  and  the  other  to  the  use  of  the  person 

who  shall  sue  for  the  same. 


23 

Sec.  2715.  Any  person  who  shall  discharge  from  em- intimidation  of 
ployment,  withdraw  patronage  from,  or  otherwis^injure,  ises,  c.  62,  s.  4. 
threaten,  oppress,  or  attempt  to  intimidate  any  qualified 
voter  of  this  State,  because  of  the  vote  such  voter  may  or 
may  not  have  cast  in  any  election,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  2716.  Any  person  who  shall,  at  any  time  before  or  Bribery  atreiec-^ 
after    an   election,  either  directly  or  indirectly,  give,  or  f^'-j^-i,\iQ's'u'^ 
promise  to  give,  any  money,  property,  or  reward  to  any  J|^^i^' ^- ^J§' |- J^ 
elector,  or  to  any  county  or  district,  in  order  to  be  elected, 
or  to  procure  any  other  person  to  be  elected  a  member  of 
the  General  Assembly,  or  to  any  office  under  the  laws  of 
this  State,  shall  forfeit  and  pay  four  hundred  dollars  to 
any  person  who  will  sue  for  the  same^  and  shall  be  guilty 
of  a  misdemeanor;  and  any  person  who  shall  receive  or 
agree  to  receive  any  such  bribe  shall  also  be  guilty  of  a 
misdemeanor. 

Sec.  2717.  Any  person  who    shall   bet   or    wager  any  Bettingon  eiecT 
money  or  other  thing  of  value  upon  any  election  held   in  i858-'9, c. 49. 
this  State  shall  be  guilty  of  a  misdemeanor. 

Sec.  2718.  (For  Senators  and  their  mode  of  election,  congressional. 
^  elections.^ 

see  act  of  Congress  of  the  twenty-fifth  of  July,  one  thou- 
sand eight  hundred  and  sixty-six,  fourteenth  Statutes  at 
Large,  chapter  two  hundred  and  forty  five,  page  two  hun- 
dred and  forty-three.) 

Sec.  271Q.  For  the  purpose  of  selecting  Representatives  Representation^ 

,       ^  r     1        TT     .       ,   r^  ,        ^  r   ^T        ,    In  Congre8s;[dls- 

m  the  Congress  of  the  United  States,  the  State  of  North  tricts.   .:.?x^ 
Carolina  shall  be  divided  into  nine  districts,  as  follows: 

First  District — Beaufort,    Camden,    Carteret,  Chowan,  state  divided 

into  nine  Con- 

Currituck,  Dare,  Gates,  Hertford,  Hyde,  Martin,  Pamlico,  pessionai;dis- 
Pasquotank,  Perquimans,   Pitt,  Tyrrell  and  Washington. 

Second  District — Bertie,  Craven,  Edgecombe,  Greene, 
Halifax,  Jones,  Lenoir,  Northampton,  Vance,  Warren 
and  Wilson. 

Third  District — Bladen,  Cumberland,  Duplin,  Harnett, 
Moore,  Onslow,  Pender,  Sampson  and  Wayne. 


Congressmen 


24 

Fourth  District — Alamance,  Chatham,  Durham,  Frank- 
lin, Jonnston,  Nash,  Orange  and  Wake. 

Fifth  District — Caswell,  Forsyth,  Granville,  Guilford, 
Person,  Rockingham,  Stokes  and  Surry. 

Sixth  District — Anson,  Brunswick,  Cabarrus,  Columbus, 
Mecklenburg,  New  Hanover,  Richmond,  Robeson,  Stanly 
and  Union. 

Seventh  District— C2ii2,v,'hd.,  Davidson,  Davie,  Iredell, 
Montgomery,  Randolph,  Rowan  and  Yadkin. 

Eighth  District — Alexander,  Alleghany,  Ashe,  Burke, 
Caldwell,  Cleveland,  Gaston,  Lincoln,  Watauga  and 
Wilkes. 

Ninth  iJistrict — Buncombe,  Cherokee,  Clay,  Graham, 
Haywood,  Henderson,  Jackson,  McDowell,  Macon,  Madi- 
son, Mitchell,  Polk,  Rutherford,  Swain,  Transylvania  and 
Yancey. 

Sec.  2720.  Whenever,  by  anew  apportionment  of  Rep- 
iarS;when^ there  resentatives  among  the  several  States,  the  number  of 
and^^oV^e^ected.  Representatives  in  the  Congress  of  the  United  States 
from  North  Carolina  shall  be  either  increased  or  decreased, 
and  neither  the  Congress  nor  the  General  Assembly  shall 
provide  for  the  election  of  the  same,  then  if  the  said 
Representatives  shall  be  increased,  the  increased  number 
shall  be  elected  by  the  qualified  voters  of  the  whole  State, 
and  shall  be  voted  for  on  one  ballot  ;  and  the  Represen- 
tatives from  the  several  Congressional  districts  shall  be 
elected  by  the  voters  of  the  said  districts  respectively, 
and  shall  be  each  voted  for  on  another  ballot.  But  if  the 
number  of  said  Representatives  shall  be  decreased  as 
aforesaid,  in  that  event  all  the  Representatives  in  Con- 
gress shall  be  elected  by  the  qualified  voters  of  the  whole 
State,  and  shall  be  voted  for  on  one  ballot. 
Timeandman-         Sec.  272 1.  The    election     for    members    of    Congress 

ner  of  conducting     1     ,1  1       1     ij      /.  ^i  ^-  j       1  -l     j 

Congressional       shall  be  held  at  the  same  time  and   places  as  prescribed 

R.  c,  c.  52,  s.  4.      for  holding  elections  for  members  of  the  General  Assem- 

i83o'c". 35.*  blv,  on  the  Tuesday  next  after  the  first   Monday  in   No- 

1832,  c.  18.  "^ 

1876-7,  c.  275,  s.  49.  vcmbcr,  in  the  year  of  our  Lord  one  thousand  eight  hun- 


25 

dred  and  eighty-four,  and  on  said  day  every  two  years 
thereafter,  or  on  such  days  as  Congress  shall  have  pre- 
scribed, and  shall  be  conducted  by  the  Sheriffs,  or  by  other 
persons  appointed  therefor,  in  like  manner  as  elections  for 
members  of  the  General  Assembly. 

Sec.  2722.   If  at  any   time  after  the  expiration  of  any  J^Satfon.how" 
Congress  and«  before   another  election,  or  if  at  any  time  l^^^g-^  ^3  ^  ^^ 
after  an  election,  there  shall  be  a  vacancy  in  the  rcpresen-  }s76-'7',aV5,s.50. 
tation  in  Congress,  the  Governor  shall  issue  a  writ  of  elec- 
tion, and  by  proclamation  shall  require  the  voters  to  meet 
in  the  different  townships  in  their   respective  counties  at 
such  time  as  may  be  appointed  therein,  and  at  the  places 
established  by  law,  then  and  there   to  vote  for  a   Repre- 
sentative in  Congress  to  fill  the  vacancy;  and  the  election 
shall  be  conducted  in  like  manner  as  regular  elections. 

Sec.  272^.   Everv^  person  duly  elected  a  Representative  Representatives 

f     -J  J    ^  J  ^  in  Congress  com- 

to  Congress,  upon  obtaining   a   certificate   of  his  election  JJ^y^^j^^j^ '^^  ^^® 
from  the  Secretary  of  State  shall  procure  from  the  Gov- j|I^:','^' ^- ^^|' ^- If* 
ernor  a  commission,  certifying  his  appointment  as  a  Rep- 
resentative of  the  State,  which  the   Governor  shall  issue 
on  such  certificate  being  produced. 

Sec.  2724.  The  registrar  shall  receive  one  cent  for  each  Compensation  of 
'  ^  °  _  ^  _  registrars,  re- 

name Copied   from    the    original    registration    book,    and  ^^^^ipg officers, 

r  &  t,  1  and  the  members 

three  cents  for  each  new  name  registered.      Every  sheriff,  sia\^®5ufvassers 
or  other  returning  officer,  shall  be  allowed  two  dollars  and  IsTe-'?' c.  275' ss?^' 
fifty  cents  per  day  for  the   time   actually   employed,   and  i879,^c.  152,  s.  8. 
ten  cents  per  mile  for  distance   traveled,    for  making  the  Resokui"on  of 

roi.  j-i.  ^r  1  A.'        January  18th. 

returns  tor  benators,  and  sixty  cents  tor  each  notice 
served  upon  the  county  officers  elect,  and  sixty  cents  for 
giving  certificates  to  Representatives  to  the  General  As- 
sembly and  to  the  Senators  whose  district  is  a  single 
county,  all  to  be  paid  by  the  county  treasurer,  upon  the 
affidavit  of  the  returning  officer.  Clerks  and  registers  cf 
deeds  shall  also  be  allowed  the  usual  record  and  registra- 
tion fees  for  recording  and  making  duplicates  of  the  elec- 
tion returns,  to  be  paid  by  the  county.  The  Senatorial 
members  of  the  board  of  State  canvassers,  while  engaged 


26 

in  the  discharge  of  their  duties,  shall  receive  the  same 
per  diem  diV\6.  mileage  as  members  of  the  General  Assem- 
bly. The  said  board  may  employ  two  clerks  at  a  com- 
pensation of  four  dollars  per  day  each  during  the  sessions 
of  the  board. 

BOARD  OF  STATE  CANVASSERS. 

Board  of  state  SEC.  2725.    The  Govemor,  Secretary  of  State,  Attorney- 

canvassers,  who  J  1  J 

?^-.^^L^^"^li^"H-o  General,  and  two  members  of    the   State  Senate,  one  of 

1876-7,  c.  27o,  s.  53.  ' 

each  political  party,  to  be  selected  by  the  Governor,  shall 
constitute  the  board  of  State  canvassers,  but  no  member 
thereof  shall  take  part  in  canvassing  the  votes  for  any 
office  for  which  he  himself  is  a  candidate.  But  in  every 
such  case  the  other  members  of  the  board  shall  select 
some  person  to  act  in  the  place  of  such  candidate. 
Returns  not  re         Sec.  2726.   If  the  abstracts  or  returns  from  any  county 

ceived  in  time,  i  r/-  r      i        r- 

Secretary  of  State  shall  not   be  received   at   the   office   of  the  Secretary  of 

shall  obtain  orig-  ^ 

^^^n}^^^^^^"^}'  r.  State  by  the  third  Monday  after  the  day  of  election,  the 

1876-7,  C.  275,  ^.  54.  -'  •'  -^  ' 

said  Secretary  is  authorized  to  obtain   from  the  register 

of  deeds,  or  clerk  of  the  superior  court  of  such  county, 

at  the  expense  of  such  county,  the  original  abstracts  or 

returns,  or  if  they  have  been   forwarded,  copies  of  them. 

Sec.  2727.  The   board    of  State  canvassers   shall  open 

Abstracts  to  be     the  abstracts  transmitted   to  the   Secretary    of  State   on 

and  by 'whom.      the  Thursday  following  the  third  Monday  after  the  day  of 

1876-7,  c.  275,  ss.  /  &  /  / 

55,56.  election,  and  examine  the  returns,  if  they  shall  have  been 

received  from  all  the  counties,  and  if  not  all  received, 
they  may  adjourn  not  exceeding  twenty  days  for  the  pur- 
pose of  obtaining  the  returns  from  all  the  counties,  and 
when  these  are  received  shall  proceed  with  the  canvass; 
such  canvass  shall  be  conducted  publicly  in  the  hall  of 
the  House  of  Representatives.  They  shall  make  an  ab- 
stract, stating  the  number  of  legal  ballots  cast  for  each 
candidate,  the  names  of  all  the  persons  voted  for,  for 
what  office  they  respectively  received  the  votes,  and  the 
number  of  votes   each  received,   and   stating  whom  they 


27 

ascertain  and  judicially  determine  by  the  count  to  be 
elected  to  the  office,  which  abstract  shall  be  signed  by 
the  board  of  canvassers,  in  their  official  capacity  as  State 
canvassers,  and  have  the  seal  of  the  State  affixed  thereto  : 
Provided,  that  in  all  cases  of  special  elections  ordered  by 
the  Governor  to  fill  vacancies  in  the  representation  of  the 
State  in  Congress,  the  board  of  State  canvassers  may 
meet  as  soon  as  the  Secretary  of  State  may  notify  the 
members  of  the  board  that  the  returns  from  all  the  coun- 
ties entitled  to  vote  in  said  special  election  have  been 
received  by  him  ;  and  it  shall  be  the  duty  of  the  Secre- 
tary of  State  to  fix  the  day  of  meeting,  which  day  shall 
not  be  later  than  ten  days  after  such  elections  ;  and  it 
shall  be  the  duty  of  all  returning  officers  to  make  their 
returns  promptly,  so  that  the  same  may  be  received 
within  the  ten  days. 

Sec.  2728.  The  Secretary  of  State  shall  record  the  ab-  Records  of  the  re- 

,  .  ,         ,  ,       ,  ,       1  •        f  1    turns  to  be  kept 

stract  or  abstracts  m  a  book  to  be  kept  by  him  for  record-  by  the  secretary 

^       J  of  state. 

ing  the  result  of  elections,  and  to  be  called  the  "  Election  we-'?,  c.  275,  s.  57. 
Book,"  and  shall  also  file  the  abstract  or  abstracts. 

Sec.  272Q.  A  certificate  shall  be  prepared  for  each  per-  certificate  of 

,  ,  -      .  ,0  election,  when, 

son    elected,  and   sicrned   by   the  Secretary  of  State,  and  how  and  to 

'  ^  J  J  ^  whom  furnished. 

shall  be  delivered  to  the   person  elected,  when  he  sh al  11876-7,  c.  275,  s.  58. 
demand  the  same. 

Sec.  2730.  The  board  of  State  canvassers  shall  estimate  statement  of 

,1  ,  ^f  [^  f^iT-  .•T-\  ,  .   votes  cast  for  offl- 

the  votes  cast  tor  orncers  01   the  Executive  Department  cersoftheExecu- 
from  the  abstracts  forwarded  to  the  Secretary  of  State,  to  be  published 

111111-1  r      1  ^        r  ,  ,         ^^^  State  canvas- 

and  shall  publish  a  statement  of  the  result  of  such  calcu-  sers. 

•^  1876-7,  c.  275,  s.  56. 

lation,  but  this  statement  shall  be  for  information  of  the 
public  only,  and  shall  not  have  the  effect  to  determine 
what  candidates  have  been  elected  to  such  offices.  Their 
election  shall  be  ascertained  and  declared  according  to 
section  three,  article  three,  of  the  constitution. 

Sec.  2731.  Justices  of  the   Supreme   Court,  Judges  of  Whoshaiibe 

i.t-      o  •        r-         ^  1   f-    1-    •  1      11  1  .      •  ,  commissioned  by 

the  bupenor  Court,  and  Solicitors,  shall  be  commissioned  the  Governor; 

when  term  of 

by  the  Governor,  and  their  terms  of  office  shall  begin  on  i8?g^V^^^5^®^6o'- 
the  first  day  of  January   next  succeeding  their  election. 


An  election  of  officers  whose  terms  shall  be  about  to  ex- 
pire shall  always  be  held  at  the  general  election  next 
preceding  the  expiration  of  their  terms  of  office. 

MISCELLANEOUS. 

iji^e^ai  registra-         Sec.  2732.  Any  person  who  shall  cause  or  procure  his 
1876-7,  c. 275,  s. 61.  name  to  be  registered  in  more  than  one  election  ward  or 
precinct,  or  shall  cause  or  procure  his  name,  or  that  of 
any  other  person,  to  be  registered,  knowing  that  he  or 
the  person  whose  name  he  has  procured   to  be  registered 
is   not  entitled    to  vote  in   the  ward  or  election  precinct 
wherein  such  registration  is  made,  at  the  ensuing  elec- 
tion to  be  held  therein,  or  who  shall  falsely  personate  any 
registered  voter,  shall  be  guilty  of  a  crime  infamous  by 
the  laws  of  the  State,  and  shall  be  punished  for  every 
such  offense  by  a  fine  not  exceeding   one  thousand  dol- 
lars, or  imprisonment  at  hard  labor  for  a  term  not  exceed- 
ing two  years,  or  both,  in  the  discretion  of  the  court. 
been^conviSid         ^^^'  ^733*  ^^  ^">^  person  be  challenged  as   being  con- 
crim^  m^aybe*^     victed  of  any  Crime  which  excludes   him  from  the  right 
requSed^toa^^     °^  Suffrage,  he  shall  be  required   to  answer  any  questions 

personsTot  a\-^    J"  relation  to  such  alleged  conviction  ;  but  his  answer  to 
lowed  to  vote  un-  1  ,•  un         4.  u  j  '      j.  w       • 

less  restored  to     such  questions  shall  not  bemused  agauist  him  m  any  crim- 

the  rights  of  citi-  .,  ,.  i.-r  -^.jin 

zenship.  inal    prosecution  ;  but  it  any   person  so    convicted  shall 

1876-7,  c.  275,  s.  62.  ,         .  .    ,  ,         .         ,  ,  , 

vote  at  any  election,  without  having  been  restored  to  the 
rights  of  citizenship,  he  shall  be  guilty  of  an  infamous 
crime,  and  punished  by  a  fine  not  exceeding  one  thou- 
sand dollars,  or  imprisoned  at  hard  labor  not  exceeding 
two  years,  or  both. 

Powersaaddu-         gg^^  27^4.  The  judges  of  election  shall  in   no  case  re- 
tiesof  judges  of  '  ^^  j       fc> 

f}f?u2^}^Z^i^^^^  ceive  the  vote  of  any  person  unless  they  shall  be  satisfied 
i87S-7fc,^2757s.  63.  ^^^^  ^^^^^  person  is  in  all  respects  qualified  and  entitled  to 
vote ;  and  for  the  purpose  of  satisfying  themselves  as  to 
the  right  of  any  person  who  shall  claim  a  right  to  vote, 
they  shall  have  power  to  examine  such  person,  and  any 
other  person  or  persons,  under  oath  or  affirmation,  touch- 


29 

ing  such  right.  And  if  any  judge  of  election  shall  re- 
ceive, or  assent  to  receive,  the  vote  of  any  person  chal- 
lenged, without  requiring  such  person  to  take  the  oath  of 
afifirmation  hereinbefore  prescribed,  and  if  such  person 
shall  not  be  qualified  and  entitled  to  vote,  such  judge  of 
election  so  receiving,  or  assenting  to  receive,  such  vote 
shall  be  deemed  to  have  received  the  same  knowing  it  to 
be  illegal. 

Sec.  27^c;.  The  iudges  and   inspectors   of    election  in  Powers  of  the 

'-^^  \  .      ,  ^judges  of  election, 

each  ward  or  precinct,  the  board  of  county  canvassers  o\  and  the  various 

^  •'  boards  of  canvas- 

each  county,  and  the  board  of  State  canvassers  shall  re-  Jg|v  0-5 
spectively  possess  full  power  and  authority  to  maintain 
order,  and  to  enforce  obedience  to  their  lawful  commands 
during  their  sessions,  respectively,  and  shall  be  constituted 
inferior  courts  for  that  purpose;  and  if  any  person  shall 
refuse  to  obey  the  lawful  command  of  any  such  judge  or 
inspector  of  election,  or  board  of  county  canvassers,  or 
board  of  State  canvassers,  or  by  disorderly  conduct  in 
their  hearing  or  presence,  shall  interrupt  or  disturb  their 
proceedings,  they  may,  by  an  order  in  writing,  signed  by 
their  chairman,  and  attested  by  their  clerk,  commit  the 
person  so  offending  to  the  common  jail  of  the  county  for 
a  period  of  not  exceeding  thirty  days,  and  such  order 
shall  be  executed  by  any  sheriff  or  constable  to  whom 
the  same  shall  be  delivered,  or,  if  a  sheriff  or  constable 
shall  not  be  present,  or  shall  refuse  to  act,  by  any  other 
person  who  shall  be  deputed  by  such  township  or  pre- 
cinct board  of  election,  or  board  of  county  canvassers,  or 
board  of  State  canvassers,  in  writing,  and  the  keeper  of 
such  jail  shall  receive  the  person  so  committed,  and 
safely  keep  him  for  such  time  as  shall  be  mentioned  in 
the  commitment. 

Sec.  2736.  Whenever  any  vacancies  shall  exist  by  rea- official  vacan- 

f,,,  .          ^.  ,  .         .  f.i/-,    cies,  how  filled. 

son  of  death,  resignation  or  otherwise,  in  any  of   the  fol- 1876-7,  c.  275,  s.  65. 
lowing  offices,  to-wit.  Secretary  of  State,  Auditor,  Treas- 
urer, Superintendent    of    Public    Instruction,  Attorney- 
General,   Solicitor,  Justices  of  the  Supreme  Court,  and 


30 

Judges  of  the  Superior  Court,  the  same  shall  be  filled  by 
elections,  to  be  held  in  the  manner  and  places,  and  under 
the  same  regulations  and  rules,  as  prescribed  for  general 
elections,  at  the  next  regular  election  for  members  of  the 
General  Assembly  which  shall  occur  more  than  thirty 
days  after  such  vacancy,  except  as  otherwise  provided 
for  in  the  constitution. 
the^lSSaf  aI'''  ^^^^-  273/'-  ^Vhen  a  vacancy  occurs  in  the  General  As- 
mied.^'^^°^^  sembly  by  death,  resignation  or  otherwise,  it  shall  be  the 
1876^7, S'^sJ's.  42.  duty  of  the  sheriff  of  the  county  in  which  the  late  mem- 
ber resided,  provided  the  General  Assembly  shall  not  be 
in  session,  to  notify  the  Governor  of  such  vacancy,  and 
in  case  the  General  Assembly  shall  be  in  session  when 
such  vacancy  occurs,  it  shall  be  the  duty  of  the  presiding 
officer  of  the  House  in  which  the  vacancy  occurs,  to  no- 
tify the  Governor  of  the  same,  who  shall  thereupon  issue 
a  writ  of  election  to  the  sheriff  or  sheriffs  of  the  district 
or  county  represented  by  the  late  member,  said  election 
to  be  held  at  such  time  as  the  Governor  may  designate, 
and  in  such  manner  as  may  be  prescribed  by  law. 
Elections  ordered      Sec.  2738.   Every  election  held  in   pursuance  of  a  writ 

by  the  Governor  ,        ^  ,      ,1    ,  ,  ,    •      ,-, 

shall  be  con-         from  the  Governor,  shall  be  conducted  m  like  manner  as 

ducted  as  other 

elections.  the  regular  biennial  elections,  so  far    as  the    particular 

R.  C,  c.  52,  s,  17.  =>  '  ^ 

iI^'>^*^^V^'^*  4-  case  can  be  governed  by  the  general  rules,  and  shall,  to 
all  intents  and  purposes,  be  as  legal  and  valid,  and  sub- 
ject the  officers  holding  and  persons  elected,  to  the  same 
penalties  and  liabilities  as  if  the  same  had  been  held  at 
the  time,  and  according  to  the  rules  and  regulations,  pre- 
scribed for  the  regular  biennial  elections. 

Qualifications  of       Sec.  2739.  All  qualified  electors  who  shall  have  resided 

voters  in  munici-  .  .  ,  ,  ,.         ,  i-  1         •  •   1  • 

paiei^tions.        for  ninety  days  immediately  preceding  an  election  within 

1876-7,  c.  275,  s.  66.     ,        ,        .  ■      -^  ,       ^  . 

the  limits  of  any  ward  of  a  city  or  town,  and  not  otner- 
wise,  shall  have  the  right  to  vote  in  such  ward  for  mayor 
and  other  city  or  town  officers. 


3^ 

Sec.  2740.   A.ny  person  who  shall  give  away  or  sell  any  intoxicating 

intoxicating  liquors,  except  formedical  purposes  and  upon  fold  on  day  of 

the  prescription  of  a  practicing  physician,    at   any  place  fg^^^Jj^^s, ss.  1, 2. 

within  five  miles  of  the  polling  place,  at  any  time  within 

twelve  hours   next   preceding   or  succeeding  any   public 

election,  whether   general,   local    or   municipal,  or  during 

the   holding  thereof,  shall  be  guilty   of  a  misdemeanor, 

and  fined  not  less  than  one  hundred    nor  more  than  one 

thousand  dollars. 

Sec.  2741.   Unless  otherwise  provided   bv  law,  all  gen- On  what  day  eiec- 
'^^  r  V  '  &         tions  shall  be 

eral  elections  shall  be  held  on  the  Tuesda\'  next  after  the  Y^}^-       „_^ .    ^^ 

-^  18(6-7,  c.  2/5,  s.  77. 

first  Monday  in  November  of  the  year  in  which  there 
shall  be  an  election. 

* 
ELECTORS  OF  PRESIDENT  AND  VICE-PRESI- 
DENT OF  THE    UNITED  STATES. 

Sec.  2742.  On  the  Tuesday  next  after  the  first  Monday  When  election  to 

'  •'  -'be  held. 

in  the  month  of  November,  in  the  year  of  our  Lord  one  i876-'7,  c  275,  s. 67. 

thousand  eight  hundred  and   eighty-four,  and   every  four 

years  thereafter,  or  on  such  days  as  the  Congress  of  the 

United  States  shall  have  directed,  a  poll  shall  be  opened 

in  each  of  the  precincts  of  the  State  for  the  election  of 

Electors  of  President  and   Vice-President  of  the  United 

States,  the  number  of  whom  is  to  be  equal  to  the  number 

of  Senators   and   Representatives  in   Congress  to   which 

this  State  may  be  entitled,   and  the  persons  so  chosen 

shall  be  Electors  for  the  State  as  aforesaid. 

Sec.  2743.  The  names  of  the  Electors  to  be  chosen  shall  Names  of  electors 

^  to  be  on  each  bal- 

be  written  or  printed  on  each  ballot,  and  each  ballot  shall  1^^;  ^^^  electors 

^  '  allotted. 

contain  the  name  of  at  least  one  inhabitant  of  each  Con-  S%7  l^'o^^v^^  ^q 

lo7o-  7,  c,  -^75,  S.  00. 

gressional  district  into  which  the  State  may  be  divided, 
an'd  against  the  name  of  each  person  shall  be  designated 
the  number  of  the  Congressional  district  to  which  he 
belongs. 


32 

fn^cSof  state^^      ^^^-  ^"^^^  '^^^^   election   shall  be   conducted,  and   the 
1^8^0^45,8.3.        returns  made,  as  nearly  as  may  be,  as  directed  in  relation 
1876-7,  c.  275,  s.  69.  |.Q  ^^^  election  of  State  officers,  except  as  herein  other- 
wise expressed, 
Meeting  of  Sec.  2745.  The   countv  canvassers   shall   meet   in    the 

county  canvas-  ^ 

sers,  their  duties;  court-house  of  their  respective  counties  as  hereinbefore 

sheriffs  to  send  ^ 

ti1)??ole^c?eta?y' P^*^^^^^^'  ^"^  ^^^^'  ascertain    and  determine,  by  faithful 
1876^7^0.275,8.70.  addition,  the  number  of  legal  votes  for  every  person  who 
shall  have  been  voted  for  as  an  Elector  within  theji^county, 
and  shall  certify  the  same  under  their  hands  ,  in  fhe  man- 
ner and  form  following  to-wit : 

"  We  the  county  canvassers  for county,  do  hereby  cer- 
tify that  an  election  was  held  on  the  day  and  at  the  places  fixed  by  kw 
within  said  county,  for  Electors  of  President  and  Vice-President  of  the 
United  States,  and  that  the  number  of  votes,  hereinafter  specified,  opposite 
the  names  of  the  several  persons  following,  was  given  for  such  persons  as 
Electors  for  the  State  of  North  Carolina,  of  President  and  Vice-President 
of  the  United  States,  namely,  D.  G.  F.  (here  state  the  number  of  votes  for 
D.  G.  F.).  For  J.  M.  L.  (here  state  the  number  of  votes  for  J.  M.  L., 
and  so  until  the  list  of  persons  voted  for  and  the  number  of  votes  shall  be 
completed).     Given  under  our  hands,  this day  of . A.  D.  . . . . " 

And  three  fair  copies  of  such  certificate  and  return 
shall  be  made  by  the  board  of  county  canvassers,  under 
their  hands,  and  one  of  the  same  shall  be  immediately 
delivered  to  the  sheriff  of  the  county7  whose  duty  it  shall 
be  to  attend  at  the  meetings  of  said  canvassers,  and  who 
shall  forthwith  make  proclamation  and  read  the  same 
through  at  the  courthouse  door;  and  the  said  sheriff 
shall  immediately  thereafter  seal  up  said  copy  in  an 
envelope,  and  transmit  the  same  by  mail  in  a  registered 
•  .  letter,  or  otherwise,  to  the  Secretary  of  State,  at  the  capi- 

tol  at  Raleigh,  so  that  he  shall  receive  the  same  within 
twelve  days  after  the  day  of  said  election  ;  and  one  of  said 
copies,  together  with  the  original  precinct  returns  shall 
be  delivered  to  the  clerk  of  the  superior  court,  who  shall 
record  the  said  copy  in  the  '' Election  Book,"  and  file  the 
originals  of  said  copy  in  his  office.     And  oae  copy  shall 


33 

'  be  delivered  to  the   register  of  deeds  to  be  registered   in 

his  office.  The  clerk  of  the  Superior  Court  shall,  imme- 
diately after  the  same  shall  have  been  delivered   to  him, 

^  send  a  copy  of  the  certificate  of  the  board  of  county  can- 

vassers, sealed  with  the  seal  of  his  office,  to  the  Secretary 
of  State  at  Raleigh,  so  that  he  may  receive  the  same 
within  twelve  days  after  said  election.  And  in  case  of 
failing  to  make  such  returns  within  the  time  herein  pre- 
scribed, such  sheriff,  clerk  or  other  officer  whose  duty  it 
shall  be  so  to  do,  shall  forfeit  and  pay  to  the  State  the 
sum  of  five  hundred  dollars,  to  be  recovered  by  the  Attor- 
ney-General, in  the  Superior  Court  for  the  county  of 
Wake. 

Sec.  2746.   The   Secretary  of  State,  within   thre^  days  .secretary 01  f^ute 

..  ,,  .  •    ^      r  '      •  ^     ^  r        to  deliver  retums 

after  the  expiration  of  the  time  hereinbefore  provided  for  to  board  of  state 
4  canvassers;  duty 

the 'delivery  to  him  of  said   certificates  and  returns,  shall  ^^^  the  board;  or- 

''  ganization  of  th« 

^">»^^dTeliver  the  same  to  the  board  of  State  canvassers,  whose  ^l^^l^^-  ^^  ., 
duty  it  shall  be  to  then  attend,  in  the  presence  of  such 
other  persons  as  may  choose  to  be  present,  in  the  hall  tof 
the  House  of  Representatives  in  the  capitol,  open  the 
certificates  and  returns  and  proceed  to  canvass  the  same 
and  ascertain  and  determine  the  result  :  Provided,  that  if 
the  return  from  any  county  shall  not,  by  that  time,  have 
been  received  by  the  Secretary  of  State  from  the  sheriff 
or  clerk  of  the  Superior  Court,  then  the  board  of  State 
canvassers  shall  order  and  compel  a  duplicate  return  from 
the  clerk  of  the  Superior  Court,  or  register  of  deeds,  or 
both,  in  such  manner  as  they  ma/  think  best,  and  for  the 
purpose  may  adjourn  from  day  to  day  not  to  exceed 
ten  days.  The  board  of  State  canvassers  in  canvassing 
said  returns  shall  merely  add  up  the  returns,  as  certified 
by  the  .county  canvassers,  but  it  shall  be  their  duty  to  dis- 
regard any  such  apparent  clerical  error,  or  any  such  tech- 
nical informality  as  may  not  render  it  reasonably  uncer- 
tain who  was  the  person  intended  to  be  designated  as 
voted  for,  and  what  was  the  number  of  votes  actually 
received  by  any  candidate.  At  the  conclusion  of  the 
3 


34 

canvass,  the  board  shall  make  an  abstract  of  all  the  votes 
cast,  and  shall  deliver  the  same  to  the  Secretary  of  State, 
together  with  the  original  returns  from  the  several  coun- 
ties, to  be  filed  in  his  ofifice.  The  Secretary  of  State  shall 
copy  said  abstracts  in  the  ''  Election  Book,"  directed  in 
this  chapter  to  be  kept  in  his  of^ce,  and  shall,  under  his 
hand  and  the  seal  of  his  ofiBce,  certify  to  the  Governor 
the  names  of  as  many  persons  receiving  the  highest 
number  of  votes  for  Electors  of  President  and  Vice-Presi^ 
dent  as  the  State  may  be  entitled  to  in  the  Electoral  Cdl- 
lege.  The  Governor  shall  thereupon  immediately  issue 
his  proclamation  and  cause  the  same  to  be  published  in 
such  daily  newspapers  as  may  be  published  in  the  city  of 
Raleigh,  wherein  he  shall  set  forth  the  names  of  the  per- 
sons duly  elected  as  Electors,  and  warn  each  of  them  to 
attend  at  the  capitol  in  the  city  of  Raleigh,  at  noon  on 
the  Tuesday  preceding  the  first  Wednesday  of  December 
next  after  his  election,  at  which  time  said  Electors  shall 
meet,  and  in  case  of  the  absence  or  ineligibility  of  any 
Elector  chosen,  or  if  the  proper  number  of  Electors  shall 
for  any  cause  be  deficient,  those  present  shall  forthwith 
elect  from  the  citizens  of  the  State  so  many  persons  as 
will  supply  the  deficiency,  and  the  persons  so  chosen  shall 
be  Electors  to  vote  for  President  and  Vice-President  of 
the  United  States.  And  the  Governor  shall,  on  or  before 
the  first  Wednesday  in  December,  make  out  three  lists  of 
the  names  of  the  said  eleven  persons  so  elected  and 
appointed  Electors,  and  cause  the  same  to  be  delivered 
to  them,  as  directed  by  the  act  of  Congress. 
College  of  Eiec-  Sec.  2747.  The  persons  elected  and  appointed  as  Electors 

conformity  to  the  of  President  and  Vice-President  of  the  United  States  shall 

constitution  and  ,,  ,  -  ,    r  itti  1         -t-a  i  z.^u 

laws  of  the  assemble  on  the  said  first  Wednesday  in  December  at  the 

United  States.  ....         .  r  t-.    1    •    1  ,1  11  •  1      • 

1876-7,  c.  275,  s.  72.  capitol  in  the  City  of  Raleigh,  and  then  and  there  give  their 

.  votes  on  behalf  of  the  State  of  North  Carolina  for  President 

and  Vice-President  of  the  United  States,  and  proceed  in 

relation  thereto  in  all   things  conformably  to  the  Consti. 


35^ 

tution  of  the  United  States  and  the  act  of  Congress  in 
that  behalf. 

Sec.  2748.  Whenever  the  of^ces  of  President  and  Vice-  vacancies  in  offi- 

'  ^  ces  of  President 

President  of  the  United  States  shall  both  become  vacant,  ^"^^i^^-i*^®^- 

dent;  Governor 

the  Governor,  upon  receiving  a  notification  of  such  vacancy  e?ect?o1i  for^Eieo- 
from  the  Secretary  of  State  of  the  United  States,  shall  Jgy^^,^^.  275,  s.  73. 
forthwith  issue  his  proclamation  directing  the  sheriffs  of 
the  several  counties,  or  other  proper  officers,  to  hold  elec- 
tions within  their  respective  counties  for  the  appointment 
of  Electors  of  President  and  Vice-President  of  the  United 
States  on  the  days  of  the  year  in  which  such  vacancy 
may  happen,  as  is  herein  prescribed  for  holding  the  regu- 
lar and  stated  elections :  Provided,  that  there  shall  be  a 
space  of  two  months  between  the  date  of  such  notifica- 
tion and  the  said  first  Wednesday  of  December;  but  if 
there  should  not  be  such  space,  the  Governor  shall  specify 
in  his  proclamation  that  the  Electors  shall  be  elected  in 
the  year  next  ensuing  the  date  of  such  notification  on  the 
day  aforesaid  ;  and  the  Electors  appointed  in  the  manner  ^® 

by  this  section  directed,  shall  meet  at  the  capitol,  in  the 
city  of  Raleigh,  and  proceed  as  hereinbefore  provided  for 
Electors  of  President  and  Vice-President  chosen  at  a 
regular  election  for  the  same. 

Sec.  2749.   Each  Elector  chosen,  with  his  own  consent  Electors  failing 

.,.,-,,.,.  ,  ,  f  -r.        •    to  attend ;  officers 

previously  signihed,  tailing  to  attend  and  vote  for  a  rresi-  making  false  re- 

,  TTT-T.-1  fiTT-ir-  1  •  turns;  refusal  by- 

dent  and  Vice-President  of  the  United  States,  at  the  time  register  of  deeds 

or  clerk  of  the 

and  place  herein  directed   (except  in   case  of  sickness  or  superior  court  to 

^  ^  ^  furnish  certified 

Other  unavoidable  accident),  shall  forfeit   and  pay  to  the  copies  of ^her^ 

State  five  hundred  dollars,  to  be  recovered  by  the  Attor-  i876'-7, c. 275, s. 74. 

ney-General  in  the  Superior  Court  of  Wake  county.    And 

any  person  making,  or  certifying,  or   delivering,  or  trans-  ^ 

mittinga  false  return  of  an  election  held  hereunder,  or 

making  any  erasure  or  alteration   in  the  poll-books,  shall 

be  guilty  of  an  infamous  crime,  and   imprisoned  not  less 

than  one  year,  and  shall,  in  addition,  forfeit  and  pay  five 

hundred  dollars,  oige-half  to  the  use  of  the  person  who 

will  sue  for  the  same,  and  the  other  half  to  the  use  of  the 


36 


State,  Any  officer  who  shall  refuse  to  permit  any  candi- 
date, or  person  qualified  to  vote,  at  his  own  expense,  to 
have  a  copy  of  the  poll-books,  shall  forfeit  and  pay  two 
hundred  dollars,  one-half  to  the  person  who  shall  sue  for 
the  same,  and  the  other  half  to  the  use  of  the  State. 
Any  register  of  deeds  or  clerk  of  the  Superior  Court  who 
shall  refuse  to  make  and  give  to  any  person  a  duly  cer- 
tified copy  of  the  returns  of  an  election,  or  of  a  tabulated 
staterrient  of  an  election  hereinbefore  directed  to  be 
deposited  in  his  office,  upon  the, tender  of  the  fees  there^. 
for,  shall  be  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion, ousted  of  his  office,  and  imprisoned.for  one  year. 
Compensation  Sec.  27 ;o.  The  Electors  shall  be  allowed,  for  their  trav- 

ftnd  privileges  of  '  -^ 

EJ^tors.  eling  expenses  to  and  from  the  city  of  Raleigh,  and  their 

attendance,  the  sam*"  compensation  as  may  be  allowed 
members  of  the  General  Assembly,  and  shall  be  entitled 
to  the  same  privileges. 


